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6
Ch. General Rules
(6 §.3. Inflexible rules, none
Trustees
21
Evil consequences of
fixation of times
Art. Rule . Now as to the fixture
of length of time: length of time allotted for the performance of
various sorts of operations. In general the greater or expedient
good is avoidance of delay: but in general the effect of
besides the production of precipitation, and thence the evil correspondent and opposite to the direct ends of justice the opposite evil it has for its effect
encrease of delay is, uncompensated encrease of expence, and
vexation, or all these both
22
Example in Prussian
procedure
And if year was the maximum length to at which Production
the grant of fixt the greatest length of a suit at law in
his dominion: not small were the services he was regarded himself
by himself in the first place by men another with to
justice, in having re by this exploit rendered to justice
What was the consequence? In the first place whatsoever the
quantity of business necessary to the avoidance of the evil opposite
to the direct ends of justice [positive and negative] could not be
performed within that time production of the evil correspondent
and opposite to the direct ends of justice. In the
case of a to a certain degree complicated mercantile
account for example — or the case of a manufacturer the double is
or man large capitalist: having dealings with foreign
countries, they could not but for be frequently exemplified
and in any case, by the expatriation of a single witness, if a
necessary one the impossibility of rendering justice within
the so allotted compass of time might would be produced.
23
Delay the result
Of a rule this improvidently all comprehensive under delay the very
evil sought to be thus remedied would naturally be evil
uncommonly among the french. perhaps upon the whole. This being the length allotted
to the letters, a Judge who to whom sinister interests is app
under delay shewed itself as of favourable would avail himself of the
ordinance to run in to the full length of it. This he
would say is what the ordinance requires. Well — to the ordinance
I have paid unquestionable obedience.
Identifier: | JB/052/226/001 "JB/" can not be assigned to a declared number type with value 52.
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1825-02-13 |
21-23 |
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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